S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1341
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2015
                                      ___________
       Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to authorizing the possession
         of a pistol or revolver while attending a pre-license firearms  safety
         course
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision a of section 265.20 of the penal law is amended
    2  by adding a new paragraph 7-g to read as follows:
    3    7-G. POSSESSION OF A PISTOL OR REVOLVER BY A PERSON  WHO  HAS  APPLIED
    4  FOR A LICENSE TO POSSESS A PISTOL OR REVOLVER AND PRE-LICENSE POSSESSION
    5  OF  SAME  PURSUANT  TO  SECTION 400.00 OF THIS CHAPTER, WHO HAS NOT BEEN
    6  PREVIOUSLY DENIED A LICENSE, BEEN PREVIOUSLY CONVICTED OF  A  FELONY  OR
    7  SERIOUS  OFFENSE, AND WHO DOES NOT APPEAR TO BE, OR POSE A THREAT TO BE,
    8  A DANGER TO HIMSELF, HERSELF OR TO OTHERS, AND WHO HAS BEEN APPROVED FOR
    9  POSSESSION IN ACCORDANCE WITH SECTION 400.00 OF THIS  CHAPTER;  PROVIDED
   10  THAT  SUCH  POSSESSION SHALL BE OF A PISTOL OR REVOLVER DULY LICENSED TO
   11  AND SHALL BE POSSESSED UNDER THE SUPERVISION, GUIDANCE  AND  INSTRUCTION
   12  OF  A  CERTIFIED FIREARMS SAFETY COURSE INSTRUCTOR, AND PROVIDED FURTHER
   13  THAT SUCH POSSESSION OCCURS DURING THE COURSE OF A CERTIFIED PRE-LICENSE
   14  FIREARMS SAFETY COURSE IN WHICH SUCH PERSON IS ENROLLED.
   15    S 2. Paragraph (b) of subdivision 3 of section  400.00  of  the  penal
   16  law,  as added by chapter 778 of the laws of 1985, is amended to read as
   17  follows:
   18    (b) Application for an exemption under paragraph seven-b OR SEVEN-G of
   19  subdivision a of section 265.20 of this chapter. Each applicant desiring
   20  to obtain the exemption set forth in paragraph  seven-b  OR  SEVEN-G  of
   21  subdivision  a of section 265.20 of this chapter shall make such request
   22  in writing of the licensing officer with whom his OR HER application for
   23  a license is filed, at the time of filing such application. Such request
   24  shall include a signed and verified statement by the  person  authorized
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06220-01-5
       S. 1341                             2
    1  to instruct and supervise the applicant, that has met with the applicant
    2  and  that  he  OR  SHE has determined that, in his OR HER judgment, said
    3  applicant does not appear to be or poses a threat to  be,  a  danger  to
    4  himself,  HERSELF or to others. He OR SHE shall include a copy of his OR
    5  HER certificate as an instructor in small arms, if he OR SHE is required
    6  to be certified, and state his OR HER address and telephone number.   He
    7  OR  SHE  shall specify the exact location by name, address and telephone
    8  number where such instruction will take place.  Such  licensing  officer
    9  shall,  no  later  than ten business days after such filing, request the
   10  duly constituted police authorities of the locality where such  applica-
   11  tion  is  made to investigate and ascertain any previous criminal record
   12  of the applicant pursuant to subdivision four of  this  section.    Upon
   13  completion  of this investigation, the police authority shall report the
   14  results to the licensing officer without unnecessary delay. The  licens-
   15  ing  officer  shall no later than ten business days after the receipt of
   16  such investigation, determine  if  the  applicant  has  been  previously
   17  denied  a  license,  been  convicted of a felony, or been convicted of a
   18  serious offense, and either approve  or  disapprove  the  applicant  for
   19  exemption  purposes  based upon such determinations. If the applicant is
   20  approved for the exemption,  the  licensing  officer  shall  notify  the
   21  appropriate  duly constituted police authorities and the applicant. Such
   22  exemption shall terminate if the application for the license is  denied,
   23  or  at  any  earlier  time  based  upon  any information obtained by the
   24  licensing officer or the  appropriate  police  authorities  which  would
   25  cause  the  license  to  be denied. The applicant and appropriate police
   26  authorities shall be notified of any such terminations.
   27    S 3. This act shall take effect on the ninetieth day  after  it  shall
   28  have become a law.